Contingency Fees

Most Montanans will never hire a lawyer by the hour—and if they had to, many would never make it past the courthouse steps. Lawyers routinely charge more than $300 per hour. Couple fees with the costs of litigation -- filing fees, expert fees, depositions, etc. – and the courthouse door is effectively locked. The contingent fee is the key.

The Montana Constitution, the Montana Code, and case law vest us with precious rights. But without a key to the courthouse, these rights vanish into the Big Sky. A contingency fee is paid only if the case succeeds. The risk shifts from the client to the attorney, making justice possible for people who otherwise couldn’t set foot in the courthouse.

With some exceptions, Montana Rules of Professional Conduct specifically provide “a fee may be contingent on the outcome of the matter for which the service is rendered.” Rule 1.5. The Montana Supreme Court has recognized the role of contingency fees in the legal marketplace. Wight v. Hughes Livestock Co. Inc. (1983).

Importantly, contingency fees benefit us all. When people can reach the courthouse, dangerous conduct gets exposed. Lawsuits uncover internal documents, unsafe medical practices, negligent drivers, and defective products. These cases don’t just compensate victims; they provide safety and bring about change. But none of that happens if people can’t afford to bring their cases in the first place.

The bottom line -- contingency fees ensure accountability isn’t reserved for the wealthy. They give every Montanan the same key to the Courthouse.